St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-10-28
Yesterdays Arguments Made
by Randolph Tucker and
Attorney Gen. Hunt.
A Report Regarding the Con-
dition and Progress Of
the Indian Schools.
The Progress Of the Cholera
Scandal0us Story About
Gen. Malone.

w ASiilNGION, Oct. IT, lie prOCccu-
ings in the supreme court to-day in the
anarchist appeal were solemn. All the
judges paid close attention to the argu-
ments of counsel, and several times in
terrupted them to ask questions. Mr..
fuckers address was Il, surprise to
many. He is a graceful and easy
speaker, and his address from first to
last was eloquent and impaSSiOned. At
tOrney General Hunt made clear, calm
and fOrcible argument, dealing only
with the cold, abstract propositions of
law involved in the case. He will con-
clude his argument tomorrow, and will
probably be followed by Judge Grim
nell. who will speak for an hour. leav-
ing it for Gen. Butler to present the
closing argument.
THE DETAILS.
WASHINGTON. Oct. 27.-At five min
utes past the chief Justice said: I'VE
are ready now to hear the motion for
writ of error in the case of Spies and
Others" Gen. B. f. Butler asked the
court how much time would be allowed
for argument. His brother, Mr.. Tuck
er. represented, he said, the majority of
the petitioners: he himself represented
two of them, whose cases were in some
respect different from those of the 9TH
ers. He would not, he said, speak
merely for the sake of speaking. but he
justice asked how much time he de-
sired, Gen. Butler said he would like
an hour ana a half for himself, and an
hom and a half for his associate, Mr..
Tucker. The chief justice said: VERY
well. We will allow you three hours on
Side.'' Attorney General Hunt,
of Illinois. said that as he
and his associates did not yet knewaMhat
scope the argument would take, he
could not say how much time they
would desire. He would like, however,
to have an opportunity given to his as
S0eiate. Mr.. Grinnell, to speak. The
be allowed three Hours and that Mr..
= GEinnell might speak. At 1:15
MR.. j. RANDOLPH sTgoKER al.g..
opened the argument i'll support of a pc
tition for a writ of error. He. said that
it was not necessary for him to show as
a condition precedent to the granting of
the writ that the action complained of
in the court below was actually. repug-
nant to or il, violation of the cOnStitll-
ton. it was only necessary to show that
a conflict had arisen. that there was a
question whether the action COM
planned of was not repugnant
W tIiC tOilStituI.OH Hdt was
enough to give court jurisdiction. 1t
was the Oject of the statute of 1867 to
give free access to this court in all eases
where there was question of this kind.
1t was not necessary to show repug-
nancy, but only conflict. If there is
then this court has jurisdiction, and if
it has jurisdiction then the petitioners
are entitled to the writ as right. .'This
court" :" said Mr.. Tucker, lis city of
refuge from the avenger of blood. and
any man who comes here and takes hold
of justice should not be repulsed. The
policy of this court" he said. had
writs of error i'll civil eases. How much
more should it deal literally with
a petition for the writ of error
in criminal case involving
the issues of life and death--in a case
where life was about TO be taken away
in violation of the constitution Mr..
Tucker then proceeded to a careful an
alysis of the eleventh amendment, and
an attempt was made to ascertain the
meaning of the words Due process of
law
Mr.. Tucker finished speaking at 2::35
o'clock and was followed by ATTORNEY
General Hunt i'm behalf of the state of
Illinois. He was still speaking when
the court adjourned at 4 O'clock. The
following is given in regard to
BUTIER'S BRIEF
to be presented in the anarchist cases of
Spies and Fielden: He begins by de-
filming the rights and immunities of a
citizen of the United States under the
constitution, and then goes on as fol-
lows:
If there could be any doubt. what is the
meaning of privileges and immunities of a
pitiZpn nf the United StufpS and how for ,cI,
citizen is protected BY them. as with a defen-
sive armor the prisoners, Spies and Fielden
stand upon an impregnable ground. 1t ap-
pears by the record that they were born re-
spectively. citizens of Germany and Great
Britain, with both of which nations we have
treaties of amity, friendly intercourse and
mutual protection OF the citizens. which pro-.
.yides i'll substance that from the time of the
ratification of those treaties the citizens and
subjects of those countries shall have all the
privileges, lmmunitleS and protection of the
law while they are residing in the other coun-
try that any citizen of the country where
government. And We claim the doc
trIne of international law to be,
that after such treaty takes effect
no possible changes of the laws of either
country from what they were at the time of
the ratification can affect the citizen of the
other country. And SO. especially in regard
TO the rights of property and life. The case
of August Spies stands upon the record in
this way: The facts being that Spies Office
anH desk were broken open by the officers of
the state, headed by the prosecuting attor-
ney without warrant, the letters and con-
tents of the desk seized and carried away
One letter aud Il postal card, each from
Johann Most which were deemed to impli-
cate Spies, were produced by the prosecuting
attorney, he stating at the time that they
were u part of the letters so seized, were
placed before Spies on the stand, who was
asked whether he received them from Most
Objection was made TO his being SO asked
The court compelled him to answer He
identified them. and his was the only evil
dence of Identification of the letter he had
received. Discussion was had whether it
made that it was obtained by the state by un-
lawful seizure, and the court ruled that that
matter could not be investigated there This
being SO, the only question which arises here
Is whether foreigner, his rights, privileges
and immunites protected by treaty fully and
equal 10 those with which the first ctizen'of
the land is clothed, never to be changed by
any power save war, from what they were
at the time they occurred, can be wholly
abrogated, set aside and trampled upon
by state court, and there can be no
redress to the supreme court of the
United States because no means have
been provided to bring the matte.
before the court by which the life of the
party thus to be murdered can be savedy The
court will also remember the care, tenderness
and caution with which, under the constitu-
ton, the rights of an alien were to be pre-
served in civil cases. lie was always to find
Jurisdiction in oil controversies as to prop
erty in the federal courts of the United States
If he chose to appeal to them, whether pro-
oocS w hrOIpnt nv pro n on IN, St him (,.n u